Knowes Housing Association Ltd v Millar [2001] ScotCS 197 (2 August 2001)

Knowes Housing Association Ltd v Millar [2001] ScotCS 197 (2 August 2001)

When the landlord's interest in a secure tenancy passes from a qualifying landlord to a non-qualifying landlord, the security of tenure under the 1987 Act is lost and the tenancy becomes an assured tenancy under the 1988 Act.

Citation
[2001] ScotCS 197
Parties
Pursuers and Respondents: Knowes Housing Association Limited; Defender and Appellant: Corinne Millar
Jurisdiction
Scotland
Judgment Date
02 August 2001
Procedural Posture
Appeal / Opinion of the Court (inner House, Extra Division)
Outcome
Appeal dismissed
Legal Topics
Secure Tenancy, Assured Tenancy, Statutory Construction, Transfer of Landlord's Interest
Housing Law Landlord and Tenant Law Secure Tenancy Assured Tenancy Statutory Construction Transfer of Landlord's Interest

Case Brief

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Parties

Knowes Housing Association Limited

Pursuers and Respondents

Corinne Millar

Defender and Appellant

Procedural Posture

Appeal / Opinion of the Court (inner House, Extra Division)

Legal Issues

  1. 1 Whether the appellant's tenancy remained a secure tenancy after transfer of landlord's interest to a non-qualifying landlord under the Housing (Scotland) Acts 1987 and 1988.

Ratio Decidendi

When the landlord's interest in a secure tenancy passes from a qualifying landlord to a non-qualifying landlord, the security of tenure under the 1987 Act is lost and the tenancy becomes an assured tenancy under the 1988 Act.

Court Disposition

Appeal dismissed

Orders

  • Case remitted back to the sheriff to proceed as accords